Greg Dalley not guilty of killing Hamilton toddler Noah Keizer

One father left the courthouse believing his toddler's killer went free.

The father accused of being that killer walked into the sunshine and headed home to hold his own toddler for the very first time.

Moments after a jury found Greg Dalley not guilty Wednesday afternoon of killing 26-month-old Noah Keizer, the former babysitter was hugging his girlfriend outside the courthouse, laughing and joking and revelling in his freedom.

"I have a two-year-old daughter," Dalley said. "She was born after I was in jail, unfortunately."

He has seen the child, but never touched her.

Dalley spent 33 months in jail after being arrested for Noah's second-degree murder. The boy died of blunt force trauma to the head on July 13, 2012 while Dalley was babysitting.

The six men and six women of the jury deliberated for less than two days and had three options: find Dalley guilty of second-degree murder; find him not guilty of second-degree murder, but guilty of manslaughter; find him not guilty of anything.

Just before 4 p.m. — in a courtroom packed with friends and family of both Noah and Dalley, as well as homicide investigators and Crown attorneys — the jury delivered its verdict: not guilty of anything.

One female juror could be heard sobbing loudly as she left the courtroom.

Dalley's side of the room cheered.

Noah's side wept and shouted "You are still a baby killer."

"I was innocent from day one," Dalley said outside the back door of the courthouse less than 30 minutes later. "Unfortunately I had to go through all this to prove my innocence. Unfortunately there's going to be people who are not going to like that. I do know that. But that's their opinion."

Meanwhile, outside the front door of the courthouse, Lee Keizer wore a T-shirt bearing a photo of his son and the words "Let there be justice for Noah."

"He was the greatest thing I've ever created. That's for sure," he said tearfully.

Asked if he thought Dalley killed his son he said: "Personally, I think all of them had something to do with it."

Neighbours Lasaundra Grey and Ashlyn Kashuba also spent time with Noah in the hours before he died at his King Street East apartment. Dalley's lawyer suggested during the trial that they may have inflicted the trauma to Noah's head. Each woman claimed to be the one to first notice he was bleeding from the nose and mouth. Neither woman was charged.

Noah's mother, Nicole Agnew, was not in court for the verdict. Her friends and family said she was too distraught to be there.

Dalley had a message for Noah's family.

"I'm also sorry for what happened to Noah, even though I don't know what happened. Even though I've already apologized to the family, they have refused it. That is their choice. Again, I offer it again."

Dalley, 28, is a former private with the Argyll and Sutherland Highlanders of Canada, the same regiment which Cpl. Nathan Cirillo was representing at the National War Memorial in Ottawa when he was gunned down.

Dalley had been with the Argylls for six years before being "released" in March 2012 — four months before Noah was killed.

A military spokesperson has previously said Dalley became a "non-effective strength," in part because he stopped showing up for duty.

Dalley had been a longtime friend of Noah's mother. He told her he loved Noah, the trial heard, and she testified her son would run to him wanting to be picked up.

Forensic pathologist Dr. John Fernandes testified Noah's injuries were not self-inflicted nor accidental. Fernandes believes Noah was slapped across the face with such force it caused brain damage and sent him flying headfirst into a wall or the floor. Marks on the boy's face indicate he was slapped more than once.

Over the three week trial, Crown attorney Cheryl Gzik carefully built a case that Dalley lashed out at the boy. Noah was tired and missed his mom. He was crying. Dalley's text messages show he was angry Agnew was overdue to come home and he was waiting to go out to Hess Village.

Dalley's lawyer Gregory Leslie of Toronto, assisted by Raymond Wong, gave the jury other possibilities to consider.

Perhaps Noah had a pre-existing head injury that was exacerbated. His father testified Noah sometimes banged his head against walls.

More forcefully though, Leslie suggested an alternate suspect — Grey, the downstairs neighbour who had a few moments alone with Noah that night.

Leslie successfully used the same defence in another high profile Hamilton child murder. In the exact same courtroom.

In April 2012, Terry Legacy walked out of court a free man after a jury found him not guilty of second-degree murder in the death of his six-week-old son, Cohen.

Legacy and the baby's mother, Mary Smith, were both with the infant when he suffered his fatal head injuries. Leslie pointed the finger at Mary and the jury acquitted his client after seven hours of deliberations.

Murder cases involving children "are probably the most emotional type of murder case that one can do," said Leslie after the verdict. "The loss of a child is one of the most painful things that anybody can go through. And I can not imagine what Ms. Agnew actually went through. And also to represent Mr. Dalley, like Mr. Legacy, they are probably the two most difficult cases I've ever done in my career."

Greg Dalley not guilty of killing Hamilton toddler Noah Keizer

One father left the courthouse believing his toddler's killer went free.

The father accused of being that killer walked into the sunshine and headed home to hold his own toddler for the very first time.

Moments after a jury found Greg Dalley not guilty Wednesday afternoon of killing 26-month-old Noah Keizer, the former babysitter was hugging his girlfriend outside the courthouse, laughing and joking and revelling in his freedom.

"I have a two-year-old daughter," Dalley said. "She was born after I was in jail, unfortunately."

He has seen the child, but never touched her.

Dalley spent 33 months in jail after being arrested for Noah's second-degree murder. The boy died of blunt force trauma to the head on July 13, 2012 while Dalley was babysitting.

The six men and six women of the jury deliberated for less than two days and had three options: find Dalley guilty of second-degree murder; find him not guilty of second-degree murder, but guilty of manslaughter; find him not guilty of anything.

Just before 4 p.m. — in a courtroom packed with friends and family of both Noah and Dalley, as well as homicide investigators and Crown attorneys — the jury delivered its verdict: not guilty of anything.

One female juror could be heard sobbing loudly as she left the courtroom.

Dalley's side of the room cheered.

Noah's side wept and shouted "You are still a baby killer."

"I was innocent from day one," Dalley said outside the back door of the courthouse less than 30 minutes later. "Unfortunately I had to go through all this to prove my innocence. Unfortunately there's going to be people who are not going to like that. I do know that. But that's their opinion."

Meanwhile, outside the front door of the courthouse, Lee Keizer wore a T-shirt bearing a photo of his son and the words "Let there be justice for Noah."

"He was the greatest thing I've ever created. That's for sure," he said tearfully.

Asked if he thought Dalley killed his son he said: "Personally, I think all of them had something to do with it."

Neighbours Lasaundra Grey and Ashlyn Kashuba also spent time with Noah in the hours before he died at his King Street East apartment. Dalley's lawyer suggested during the trial that they may have inflicted the trauma to Noah's head. Each woman claimed to be the one to first notice he was bleeding from the nose and mouth. Neither woman was charged.

Noah's mother, Nicole Agnew, was not in court for the verdict. Her friends and family said she was too distraught to be there.

Dalley had a message for Noah's family.

"I'm also sorry for what happened to Noah, even though I don't know what happened. Even though I've already apologized to the family, they have refused it. That is their choice. Again, I offer it again."

Dalley, 28, is a former private with the Argyll and Sutherland Highlanders of Canada, the same regiment which Cpl. Nathan Cirillo was representing at the National War Memorial in Ottawa when he was gunned down.

Dalley had been with the Argylls for six years before being "released" in March 2012 — four months before Noah was killed.

A military spokesperson has previously said Dalley became a "non-effective strength," in part because he stopped showing up for duty.

Dalley had been a longtime friend of Noah's mother. He told her he loved Noah, the trial heard, and she testified her son would run to him wanting to be picked up.

Forensic pathologist Dr. John Fernandes testified Noah's injuries were not self-inflicted nor accidental. Fernandes believes Noah was slapped across the face with such force it caused brain damage and sent him flying headfirst into a wall or the floor. Marks on the boy's face indicate he was slapped more than once.

Over the three week trial, Crown attorney Cheryl Gzik carefully built a case that Dalley lashed out at the boy. Noah was tired and missed his mom. He was crying. Dalley's text messages show he was angry Agnew was overdue to come home and he was waiting to go out to Hess Village.

Dalley's lawyer Gregory Leslie of Toronto, assisted by Raymond Wong, gave the jury other possibilities to consider.

Perhaps Noah had a pre-existing head injury that was exacerbated. His father testified Noah sometimes banged his head against walls.

More forcefully though, Leslie suggested an alternate suspect — Grey, the downstairs neighbour who had a few moments alone with Noah that night.

Leslie successfully used the same defence in another high profile Hamilton child murder. In the exact same courtroom.

In April 2012, Terry Legacy walked out of court a free man after a jury found him not guilty of second-degree murder in the death of his six-week-old son, Cohen.

Legacy and the baby's mother, Mary Smith, were both with the infant when he suffered his fatal head injuries. Leslie pointed the finger at Mary and the jury acquitted his client after seven hours of deliberations.

Murder cases involving children "are probably the most emotional type of murder case that one can do," said Leslie after the verdict. "The loss of a child is one of the most painful things that anybody can go through. And I can not imagine what Ms. Agnew actually went through. And also to represent Mr. Dalley, like Mr. Legacy, they are probably the two most difficult cases I've ever done in my career."

Top Stories

Greg Dalley not guilty of killing Hamilton toddler Noah Keizer

One father left the courthouse believing his toddler's killer went free.

The father accused of being that killer walked into the sunshine and headed home to hold his own toddler for the very first time.

Moments after a jury found Greg Dalley not guilty Wednesday afternoon of killing 26-month-old Noah Keizer, the former babysitter was hugging his girlfriend outside the courthouse, laughing and joking and revelling in his freedom.

"I have a two-year-old daughter," Dalley said. "She was born after I was in jail, unfortunately."

He has seen the child, but never touched her.

Dalley spent 33 months in jail after being arrested for Noah's second-degree murder. The boy died of blunt force trauma to the head on July 13, 2012 while Dalley was babysitting.

The six men and six women of the jury deliberated for less than two days and had three options: find Dalley guilty of second-degree murder; find him not guilty of second-degree murder, but guilty of manslaughter; find him not guilty of anything.

Just before 4 p.m. — in a courtroom packed with friends and family of both Noah and Dalley, as well as homicide investigators and Crown attorneys — the jury delivered its verdict: not guilty of anything.

One female juror could be heard sobbing loudly as she left the courtroom.

Dalley's side of the room cheered.

Noah's side wept and shouted "You are still a baby killer."

"I was innocent from day one," Dalley said outside the back door of the courthouse less than 30 minutes later. "Unfortunately I had to go through all this to prove my innocence. Unfortunately there's going to be people who are not going to like that. I do know that. But that's their opinion."

Meanwhile, outside the front door of the courthouse, Lee Keizer wore a T-shirt bearing a photo of his son and the words "Let there be justice for Noah."

"He was the greatest thing I've ever created. That's for sure," he said tearfully.

Asked if he thought Dalley killed his son he said: "Personally, I think all of them had something to do with it."

Neighbours Lasaundra Grey and Ashlyn Kashuba also spent time with Noah in the hours before he died at his King Street East apartment. Dalley's lawyer suggested during the trial that they may have inflicted the trauma to Noah's head. Each woman claimed to be the one to first notice he was bleeding from the nose and mouth. Neither woman was charged.

Noah's mother, Nicole Agnew, was not in court for the verdict. Her friends and family said she was too distraught to be there.

Dalley had a message for Noah's family.

"I'm also sorry for what happened to Noah, even though I don't know what happened. Even though I've already apologized to the family, they have refused it. That is their choice. Again, I offer it again."

Dalley, 28, is a former private with the Argyll and Sutherland Highlanders of Canada, the same regiment which Cpl. Nathan Cirillo was representing at the National War Memorial in Ottawa when he was gunned down.

Dalley had been with the Argylls for six years before being "released" in March 2012 — four months before Noah was killed.

A military spokesperson has previously said Dalley became a "non-effective strength," in part because he stopped showing up for duty.

Dalley had been a longtime friend of Noah's mother. He told her he loved Noah, the trial heard, and she testified her son would run to him wanting to be picked up.

Forensic pathologist Dr. John Fernandes testified Noah's injuries were not self-inflicted nor accidental. Fernandes believes Noah was slapped across the face with such force it caused brain damage and sent him flying headfirst into a wall or the floor. Marks on the boy's face indicate he was slapped more than once.

Over the three week trial, Crown attorney Cheryl Gzik carefully built a case that Dalley lashed out at the boy. Noah was tired and missed his mom. He was crying. Dalley's text messages show he was angry Agnew was overdue to come home and he was waiting to go out to Hess Village.

Dalley's lawyer Gregory Leslie of Toronto, assisted by Raymond Wong, gave the jury other possibilities to consider.

Perhaps Noah had a pre-existing head injury that was exacerbated. His father testified Noah sometimes banged his head against walls.

More forcefully though, Leslie suggested an alternate suspect — Grey, the downstairs neighbour who had a few moments alone with Noah that night.

Leslie successfully used the same defence in another high profile Hamilton child murder. In the exact same courtroom.

In April 2012, Terry Legacy walked out of court a free man after a jury found him not guilty of second-degree murder in the death of his six-week-old son, Cohen.

Legacy and the baby's mother, Mary Smith, were both with the infant when he suffered his fatal head injuries. Leslie pointed the finger at Mary and the jury acquitted his client after seven hours of deliberations.

Murder cases involving children "are probably the most emotional type of murder case that one can do," said Leslie after the verdict. "The loss of a child is one of the most painful things that anybody can go through. And I can not imagine what Ms. Agnew actually went through. And also to represent Mr. Dalley, like Mr. Legacy, they are probably the two most difficult cases I've ever done in my career."